communication be to the public generally or to any person or class of persons) and freedom
from interference with his correspondence.” This freedom of expression is, however, limited in
the same Constitution. The limitation is: -“Nothing contained in, or done under the authority of
any law, shall be held to be inconsistent with, or in contravention of this, section to the extent
that the law in question makes provision in the interest of defence, public safety, public order,
public morality or public health, or for the purpose of protecting the reputations and rights of
other persons or the private lives of persons concerned in legal proceedings, preventing the
disclosure of information received in confidence, maintaining the authority and independence
of the courts, or regulating the technical administration, or the technical operation, of telephony,
telegraphy, posts, wireless broadcasting or television, or for the purposes of imposing restrictions upon public officers.”
The following are the laws that stifle media freedom:
Printing and Publications Act, 1967
l Official Secrets Act, 1967
l Internal Security Act (General) Act, 1984
l Sedition Proclamation No 44 of 1938
l Obscene Publication proclamation No. 9 of 1912
l The Parliamentary Powers and Privileges Act, 1994
l Criminal Procedure and Evidence Act, 1981
l High Court Act, 1978
l Lesotho Telecommunications Act No 5, 2000.
l

As media personnel fight to shelve these draconian legislations for good, the government sees
them as a weapon to bring order, maintain internal security and control media.
The implementation of these laws saw Harvest FM presenter Thabo Thakalekoala, also MISA
regional chairperson, charged with sedition and incitement under the Internal Security Act of
1984 following his reading of a letter claiming dislike of Prime Minister Mosisili’s Government. The case is pending.
In another firing, the Government deported Harvest FM manager Adam Lekhoaba claiming he
was an illegal immigrant. He is vocal on criticizing state administration. He has since won a
court battle to stay in the country. But the government plans to appeal against the decision.
The Government’s apathy towards the media has been displayed by Prime Minister Mosisli’s
silence on a petition submitted by a media group.
The petitioned requested the Prime Minister to:
l Remove moratoria on advertising placed on publishing houses
l Revoke all bans placed on any musicians in Lesotho
l Withdraw charges against Thakalekoala.
Further, the Government instructed its departments to stop advertising with Public Eye, Harvest
FM and People’s Choice.

Defamation Suits
The state extended its grip on freedom of expression even to the beleaguered opposition politician Anthony Manyeli when it brought a defamation case against him. He had criticised the
judiciary for passing an unfavourable election petition verdict in favour of his (Manyeli) NIP
faction led by Dominic Motikoe. His criticism brought him a defamation suit that he later won
as there was insufficient evidence against him. In this defamation case, the editor of Public
So This Is Democracy? 2007

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Media Institute of Southern Africa

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